HomeMy WebLinkAboutC-2645 - Encroachment Agreement and Declaration of Covenants between Landowners (Non-Standard Fence and Sidewalk Improvements) (for End of Pelican Court Cu-de-Sac)COSYgERAT1f►
EXEMPT RECORDING REQUEST 86- 571139 (-/
GOVERNMENT CODE 6103
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk% V %'" 'Y
CITY OF NEWPORT BEACH
3300 Newport Boulevard,'
Newport Beach, CA 92663-3884
EXEMPT
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
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ENCROACHMENT AGREEMENT AND DECLARATION
OF COVENANTS BETWEEN LANDOWNERS
(NON-STANDARD FENCE AND SIDEWALK IMPROVEMENTS)
THIS AGREEMENT is made and entered into this /L3 day
of -2%v-j7741. , 1986, by and between the CITY OF N
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BEACH, a municipal corporation, hereinafter referred
and BAYVIEW I, a Joint Venture, hereinafter referred
WITNESSETH
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WHEREAS, CITY administers certain public property located
City of Newport Beach, County of Orange, State of California,
property is more particularly described in Exhibit "A" hereto and by
this reference incorporated within; and
WHEREAS, OWNER owns a portion of that certain real property
located on the corner of Bristol Street and Jamboree Road in the
City of Newport Beach, County of Orange, State of California, which
real property is more particularly described as Tract 12212 which
real property is contiguous to the aforesaid public property as
shown on Exhibit "A"; and
in the
which
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WHEREAS, said public property also contains public utility
easements.; and
WHEREAS, CITY desires to condition approval of construction of
non-standard fence and sidewalk improvements over a portion of said
public property; and
WHEREAS, the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to
permit OWNER to construct said non-standard fence and sidewalk;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
1. It is mutually agreed that "non-standard fence and sidewalk
improvements" shall be defined as thewroughtiron fencing and
sidewalk which is constructed on Lot 51 of Tract 12212 at the
cul-de-sac on Pelican Court.
2. CITY will allow OWNER to construct, reconstruct, install,
maintain, use, operate, repair and replace non-standard fence and
sidewalk improvements. All in substantial conformance with plans
and specifications therefor on file in the CITY's Public Works and
Building Departments of the City of Newport Beach, in, on, and
across that certain public property described in Exhibit "A"
hereto. CITY will further allow OWNER to take all reasonable
measures necessary or convenient in accomplishing the aforesaid
activities.
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3. OWNER and CITY further agree as follows:
.(a) OWNER shall construct and install non-standard fence
and sidewalk improvements, all in substantial conformance with plans
and specifications therefore on file in the CITY's Public Works and
Building Departments, in, on, and across that certain public
property described in Exhibit "A" hereto.
(b) OWNER shall maintain the aforesaid non-standard fence
and sidewalk improvements and facilities in accordance with general
prevailing standards of maintenance, and to pay all costs and
expenses incurred in doing so.
Should a dangerous or defective condition of said
improvements occur, OWNER understandsandagrees that they are
responsible for such condition, and further agrees to proceed
immediately to correct the condition.
In the event the City Council of the City of Newport
Beach determines, after a public hearing held on at least thirty
(30) days' prior to written notice to OWNER, that OWNER has failed
or ceased to maintain the aforesaid improvements as required by this
paragraph, OWNER agrees that CITY may, at CITY's option, assume the
maintenance thereof and may bill OWNER directly for the costs of
such maintenance. OWNER agrees to pay the amounts set forth in said
bills promptly, upon receipt of such billing.
CITY resolves to itself the right to make such
emergency repairs to the improvements and facilities installed by
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OWNER pursuant hereto as it deems necessary for the immediate
protection of the public health and safety. OWNER agrees to
promptly reimburse CITY for the reasonable costs and expenses
incurred by CITY in effecting such emergency repairs.
(c) That should CITY be required to enter onto any
easements owned by CITY to exercise its primary rights associated
with said easements, including but not limited to, the maintenance,
removal, repair, renewal, replacement or enlargement of the water,
sewer, street light, storm drain or other facilities, the CITY may
remove portions of the non-standard street median improvements and
in such event:
1) CITY shall notify OWNER of its intention to
accomplish such work;
2) OWNER shall be responsible for arranging for any
renewal or restoration of the non-standard fence and sidewalk
improvements affected by such work by CITY:
3) CITY agrees to bear the portion of the costs of
any such renewal or restoration of the non-standard fence and
sidewalk improvements not in excess of the cost which would be
incurred for the restoration or renewal of standard street
improvements in the same location;
4) OWNER agrees to pay any costs of renewal or
restoration of the non-standard fence and sidewalk improvements in
excess of the costs to be paid by CITY.
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(d) OWNER agrees to indemnify, hold harmless, and defend
CITY, its officers, agents and employees, from any and all demands,
claims, losses or liability that arise from, or are in any way
related to, the maintenance, renewal, restoration or replacement of
the non-standard fence and sidewalk improvements. OWNER is not
obligated hereunder to indemnify, hold harmless or defend CITY or
its officers, agents or employees for injuries, claims, losses or
damages that arise out of the existence of the non-standard fence
and sidewalk improvements.
4. These restrictions, covenants and agreements may be
modified, amended or terminated jointly by the parties hereto, or
their heirs, assigns or successors, expressed in writing and
recorded in the Office of the County Recorder of Orange County,
California.
5. The provision hereto shall be deemed independent and
severable, and the invalidity or partial invalidity or
unenforceability of any one provision or portion thereof shall not
affect the validity or enforceability of any other provisions
hereof.
6. It is mutually agreed that this Agreement shall be binding
upon the heirs, successors and assigns of OWNER and shall be
recorded in the Office of the County Recorder of Orange County,
California; provided, however, that OWNER may, without CITY's
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consent, assign its right and obligations under this assignment to a
community association responsible for the maintenance of the
adjacent private streets and upon such assignment, OWNER shall be
relieved of any obligations to CITY hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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CITY OF NEWPORT BEACH
a Mun' Corporation
By
Mayor
BAYVIEW I, a joint venture
composed of J.M. PETERS COMPANY,
INC., a California corporation,
and DSL SERVICE COMPANY, a
California corporation
By: J.M. PETERS COMPANY, INC.
a California corporation,
a joint venturer, authorized
agent
By:
Robert J. , r:.. Vice esi. -nt
Robert C. Liewe
ice President
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE
On this day of , 1986, before me, a Notary
Public, State of California, personally appeared Robert Burnham,
known to me to be the City Attorney of the City of Newport Beach,
the municipal corporation described in and that executed the within
instrument, and also known to me to be the person who executed the
within instrument on behalf of the municipal corporation therein
named, and acknowledged to me that such municipal corporation
executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE
On this /7 1 day of !,4-:(U.A) , 1986, before me, a Notary
Public in and for said State, personally appeared Robert J. Trapp
and Robert C. Liewer, personally known to me or proved to me on the
basis of satisfactory evidence to be the persons who executed the
within instrument as Vice President and Vice President or on behalf
of J.M. PETERS COMPANY, INC., a corporation, and acknowledged to me
that they subscribed the name of the corporation, said corporation
being one of the joint venturers of BAYVIEW I, the joint venture
therein named.
WITNESS my hand and official seal.
OFFICIAL SEAL
CHRISTINA E. LIEBL
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Nov. 4,1988
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